These General Conditions of Use, Privacy and Sales Policy (hereinafter, the “General Conditions” govern the website www.SalsasQuietud.com (hereinafter, the Website) which “Salsas Quietud S.L.” (hereinafter, Salsas Quietud) makes available to those accessing its Website in order to provide them with information as to its own products and services and/or those of collaborating third parties, and to provide them with access to these products and services, as well as the contracting of services and goods via the Website (all the foregoing referred to jointly as the “Services”).
Salsas Quietud, with registered office at Paseo de las Delicias 1, Seville, telephone number: 660 30 40 02, is a Spanish private limited liability company which is the owner of this Website, usage of which is governed by this document, and holds Spanish Tax Identification Code number B90488305. You may contact Salsas Quietud at the postal address given above, or the email address info@Salsasquietud.com
Given the inherent nature of the Website and its contents and purpose, practically all browsing thereof must be conducted with the status of Customer, which is attributed under the procedures set out herein. The aforementioned Customer status thus constitutes acceptance of these General Conditions in the version published at the time when the Website is accessed. Salsas Quietud reserves the right at any time to modify the presentation and configuration of the Website, in addition to these General Conditions. Salsas Quietud therefore advises Customers to read this carefully every time they access the Website.
There are in any event pages of the Website that are accessible to the general public, regarding which Salsas Quietud likewise aims to fulfil its legal obligations, and to govern the usage thereof. Users accessing these parts of the Website accept in this regard that simply by accessing such pages, they are bound by the terms and conditions set forth in these General Conditions, to the extent that they could be applicable to them.
Lastly, given the inherent nature of this Website, it is possible that modifications or changes may be made to the contents of these General Conditions. Customers, and any other users that do not have such status, are therefore obliged to access these General Conditions each time they access the Website, accepting that they will be bound by the corresponding conditions in force at the time that they access the Website.
ACCESS AND SECURITY
Access to the Services requires prior user registration, following acceptance of the General Conditions, at which point they are deemed to be Customers.
The Customer ID will comprise their email address and a password. Access to the Customer’s own account will require this ID to be entered, together with a password which must contain at least 8 characters.
Use of the password is personal and non-transferable. It must not be assigned to third parties, even temporarily. Customers undertake in this regard to make diligent use and to maintain the secrecy thereof, accepting full liability for any consequences of disclosure to third parties.
If a Customer discovers or suspects that their password has been used by third parties, they must immediately change it, as set forth on the Website.
PROPER USAGE OF THE SERVICES
Customers undertake to make diligent, proper, and lawful use of the Services, and in particular, merely by way of example without being confined thereto, undertake to refrain from the following:
· Use the Services in a manner, for purposes or with effects which contravene the law, moral standards and generally accepted good practice, or public policy.
· Reproduce or copy, distribute, allow public access via any means of public communication, transform, or modify the Services, except with the authorisation of the corresponding rights holder, or where this is legally permitted.
· Perform any act that could be considered an infringement of any intellectual property rights held by Salsas Quietud or by third parties.
· Make use of the Services, and in particular any form of information obtained via the Website, to send advertising, communications for the purposes of direct sales or any other form of commercial intent, unsolicited messages sent to numerous persons irrespective of their purpose, and the sale or disclosure of such information.
The customer will be liable for any damages of any kind that Salsas Quietud might suffer as a result or consequence of a breach of any of the obligations, or any others included in these General Conditions and/or those imposed by Law about usage of the Website.
Salsas Quietud will at all times oversee respect for the legal requirements in force, and will be entitled entirely at its discretion to interrupt the Service or to exclude the Customer from the Website, if any of the offences or misdemeanours classified in the Penal Code in force are committed, in whole or in part, or should it observe any conduct which in the judgment of Salsas Quietud would be in breach of these General Conditions, the General Contractual Conditions in place for this Website, the Law, the rules established by Salsas Quietud or its partners, or any actions that could undermine the proper functioning, image, credibility and/or standing of Salsas Quietud or its partners.
RIGHTS OF OWNERSHIP
All contents of the Website, such as texts, graphics, photographs, logos, icons, images, in addition to the graphic design, source code and software, are the exclusive property of Salsas Quietud or of third parties, with the corresponding rights being lawfully held by Salsas Quietud, and are therefore protected by national and international legislation.
The use of any elements covered by intellectual property rights for commercial purposes is strictly forbidden, as is the distribution, modification, alteration, or de-compiling thereof.
An infringement of any of the aforementioned rights may constitute a violation of these provisions, and comprise an offence penalised in accordance with Articles 270 and following of the Penal Code.
Customers sending observations, opinions or comments to the Website via the email service or by any other means, in those cases where this would be enabled by the nature of the Services, understand that they authorise Salsas Quietud to reproduce, distribute, communicate in public, transform, and exercise any other right of exploitation over such observations, opinions or comments, throughout the legally established copyright protection period, and subject to no geographical limitation. This authorisation is likewise understood to be granted free of charge.
Any claims that might be brought by Customers regarding possible breaches of intellectual property rights over any of the Services of this Website must be sent to the following email address:info@Salsasquietud.com.
WAIVER OF WARRANTIES AND OF LIABILITY
Irrespective of the provisions of the General Contractual Conditions regarding the contracting of goods as set forth on this Website, Salsas Quietud accepts no liability for the accuracy, precision and quality of this Website, its services, information, and materials. Such services, information and materials are presented “as is” and are accessible without guarantees of any kind.
Salsas Quietud reserves the right to interrupt access to the Website, in addition to the provision of all or any of the Services provided via the Website at any time and without prior warning, whether for technical, security, control or maintenance reasons, because of an electrical supply outage, or any other justified reason.
Salsas Quietud therefore does not guarantee the reliability, availability or continuity of its Website nor of the Services, and the usage thereof by the Customer thus takes place at the Customer’s own risk and venture. No liability will attach to Salsas Quietud in this regard at any time.
Salsas Quietud will not be liable in the event of interruptions to the Services, delays, errors, malfunction thereof, or in general any other inconveniences that might result from causes outside the control of Salsas Quietud, and/or because of bad faith or culpable actions of the Customer and/or those resulting from acts of God or Force Majeure. Notwithstanding the provisions of Article 1105 of the Spanish Civil Code, Force Majeure will be deemed furthermore to include for the purposes of these General Conditions all events occurring outside the control of Salsas Quietud, such as: failures by third parties, operators or service companies, acts of Government, lack of access to the networks of third parties, actions or omissions by Public Authorities, any others occurring as a consequence of natural phenomena, blackouts, etc., or attacks by hackers or third parties specialising in the security or integrity of the IT system, provided that Salsas Quietud has adopted reasonable security measures in accordance with the technical state of the art. In any event, whatever the reason for this, Salsas Quietud will bear no liability whatsoever, whether for direct or indirect damages, general damages and/or loss of profits.
Salsas Quietud declines all liability because of damages of any kind that might result from a lack of accuracy, precision, comprehensiveness and/or updated status of the Services transmitted, distributed, stored, made available or received, obtained, or accessed via the Website, or the Services provided or offered by third-party persons or entities. Salsas Quietud will as far as possibly attempt to update and rectify any information stored on its website that does not fulfil basic guarantees of accuracy. This notwithstanding, it will be released from any liability derived from a failure to update or rectify such information, or any content and information contained therein. Salsas Quietud is in this regard under no obligation to control, and does not control, the content transmitted, disseminated or made available by third parties, by Customers or partners, except in those cases where so required by the legislation in force, or where demanded by a competent Court or Administrative Authority.
Salsas Quietud likewise declines any liability because of any form of damages that might be derived from the presence of viruses or other harmful elements within the content and that could cause an alteration to computer systems, or the documents or systems stored therein.
Salsas Quietud accepts no liability for any usage by the Customer of the Website Services or the Customer’s passwords, nor any other material thereof, if performed in breach of the intellectual property rights or any other rights of third parties.
The customer undertakes to hold Salsas Quietud harmless of any damage, loss, penalty, expense (including, without limitation, lawyers’ fees) or public or administrative liability, or any other type of liability that Salsas Quietud might suffer in connection with a breach or partial or defective performance by the Customer of the terms established in these General Conditions or in the applicable legislation, and in particular with regard to the Customer’s obligations concerning the protection of personal data as set forth in these conditions or established in the Spanish Data Protection Act and implementing regulations.
LINKS TO OTHER WEBSITES
Salsas Quietud does not guarantee or accept any type of liability because of damages suffered through access to third-party Services via any connections or links of linked sites, nor the accuracy or reliability thereof. The function of the links presented by Salsas Quietud is solely to inform Customers of the existence of other sources of information on the Internet, where they can expand on the Services offered via the Portal. Salsas Quietud will under no circumstances be liable for the result obtained via such links or the consequences resulting from Customers accessing them. These third-party Services are provided by such third parties, and Salsas Quietud therefore cannot and does not control the lawfulness or quality of the Services. The Customers must therefore take particular care in evaluating and using the information and services included within third-party content.
APPLICABLE LAW AND JURISDICTION
Spanish laws will apply to any matters of interpretation or litigation that might arise, and in the event of dispute, both parties agree to waive any other legal forum to which they might have been entitled, and to be bound by the jurisdiction of the Courts of the City of Seville.